LAWS(RAJ)-2014-1-346

YOGENDRA @ GOVINDA & ORS. Vs. STATE OF RAJASTHAN

Decided On January 06, 2014
Yogendra @ Govinda And Ors. Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This Misc. Petition under Sec. 482 Crimial P.C. has been filed for quashing of FIR No.427/2013 P.S. Sewar, Bharatpur for offence under Sections 323, 341, 365 and 392 Penal Code in terms of compromise entered into between the parties.

(2.) Learned counsel for the petitioners submitted that the parties have entered into a compromise in this matter. The parties are also present in the Court and Court directed the Deputy Registrar(Judicial) to verify the compromise. In compliance of the order of the Court, the Deputy Registrar(Judicial) has verified.

(3.) The only contention of the counsel for the petitioners is that when the matter has been compromised between the parties, the FIR should be quashed and reliance has been placed on Majlis & ors. Vs. State of Raj. & ors., 2007 (1) RLR 325. The learned counsel for the petitioners contended that under the inherent powers, even if an offence is not compoundable even then offence can be compounded on the basis of compromise reached between the parties. The learned counsel has further contended that in catena of cases, the Hon'ble Supreme Court is of the opinion that in case the offence is more in the nature of personal wrong, rather than the wrong against the public at large, then the case can be compounded if the parties were to reach a compromise.